How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7481
Experience:  UK Lawyer holding practising certficate for England & Wales.
28732269
Type Your Immigration Law Question Here...
Thomas is online now

I work for a company who hold a sponsors license and we have

Customer Question

I work for a company who hold a sponsors license and we have applied to sponsor a lady of 28 years old whom is an Australian Vet. (WE are a group of veterinary practices). Whilst we are confident of securing the unrestricted COS on or around the 19th of April the ladies current Tier 5 work visa expires on April 21st and it is unlikely she will be able to secure her work visa for Tier 2 until some time after that. Does she have to leave the UK when her tier 5 visa expires? Can she apply for another type of visa and stay as a tourist or is there some other way common sense can prevail?
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi,

Will she be able to submit her Tier 2 application after the COS has been obtained and before her current visa expires?

Tom
Customer: replied 3 years ago.

Unlikely as I believe she has to apply for her visa from Australia. This can be done I assume by "remote control" i.e. she completes forms here and gets them sent in to Sidney embassy but I believe processing time for granting visa is 21 days (according to UK Border Agency web site)

Expert:  Thomas replied 3 years ago.
Sorry,I've been offline this evening. I will be able to answer at 9 am tomorrow,..
Customer: replied 3 years ago.

Look forward to hearing from you, Having spoken to her her current visa expire on the 18th April. This is Tier 5. I have asked UKBA to give priority to our request for COS and am awaiting their response. In the meantime she is hoping there is some way she can stay in the UK whilst visa details are formalised.

Expert:  Thomas replied 3 years ago.
Hi,

Just one more thing.

Which sub-category of Tier 5 is she presently on?

There are 6 sub-categories:
http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier5/

Tom
Customer: replied 3 years ago.

Her current visa is Tier 5 under the Youth Mobility Scheme

Expert:  Thomas replied 3 years ago.
Drafting your answer now. 5 mins.

Tom
Expert:  Thomas replied 3 years ago.
Hi

Thanks for your patience.

I’m afraid that it’s not good news.

Firstly, you are only permitted to switch in to Tier 2 General without leaving the UK from specific visa categories. Please refer to the following link and in particular “Can you switch in to Tier 2” under “More Information” at the bottom of the page:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier2/general/applying/

You will see that the only Tier 5 category which a person may switch in to Tier 2 from is Tier 5 Creative and Sporting. As your proposed employee is on a Youth Mobility Scheme Tier 5 visa this would be an automatic reason for refusal irrespective of the amount of time left on her visa that she actually had. They would reject the application, ask her to leave the UK within 28 days and then retain the application fee.

I’m afraid that there is no way around the immigration rules that a person is automatically entitled to in these circumstance, so any application made to switch would be at the discretion of the the UKBA which they would almost certainly not grant.

Ultimately, although it’s a pain for her it’s going to be quicker and easier for her to return to her home country and make the application from there. She must return, she cannot send her documents there and get someone else to submit them I’m afraid.

I am sorry that I could not have better news for you.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Expert:  Thomas replied 3 years ago.

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on your position. Please remember to rate my answer, if you are satisfied.

Kind regards,


Tom
Expert:  Thomas replied 3 years ago.

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on your position. Please remember to rate my answer, if you are satisfied.

Kind regards,


Tom

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Thomas

    Lawyer

    Satisfied Customers:

    866
    UK Lawyer holding practising certficate for England & Wales.
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    866
    UK Lawyer holding practising certficate for England & Wales.
  • http://ww2.justanswer.com/uploads/UK/UKSolicitorJA/2011-9-26_165252_lawyer.64x64.jpg UKSolicitorJA's Avatar

    UKSolicitorJA

    Solicitor

    Satisfied Customers:

    549
    English solicitor with over 12 years experience
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    1
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    105
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Immigration Lawyer

    Satisfied Customers:

    33
    US immigration attorney licensed in state and federal court.
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    92
    Partner in national law firm